HomeMy WebLinkAbout05.K- Parks, Recreation & Community Service 5.K
DOC ID: 4636 B
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Agreement/Contract
From: Jim Tickemyer M/CC Meeting Date: 09/19/2016
Prepared by: Christina Chartier, (909)
384-5233
Dept: Parks, Recreation & Community Ward(s): 1
Services
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing
the Execution of a Lease Agreement Between the City of San Bernardino and San
Bernardino City Unified School District for a Portion of Seccombe Lake Park. (#4636)
Current Business Registration Certificate: Not Applicable
Financial Impact:
No financial impat to the City.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
No previous action taken.
Background:
San Bernardino City Unified School District ( SBCUSD) and Norton Elementary School
have developed curriculum in the areas of aquaponics, hydroponics and the
environment. SBCUSD has approached the City with the opportunity to develop an
outdoor classroom located across the street from the Norton Elementary School within
Seccombe Lake Park.
This project would generate a new interest in the park and help serve as a catalyst for
future improvements at Seccombe Lake Park. The area designated by the City will
become a community garden. The project will provide meaningful opportunities for
applied learning and collaborative partnerships with business. To support this effort, the
SBCUSD has formed partnerships with the community Action Partnership, Art
Connection and Incredible Edible Community Garden. To facilitate funding the project
SBCUSD has applied for grants with the Kresge Foundation, Art Place and Aetna.
Supporting Documents:
Seccombe Park Resolution (DOC)
agrmt 4636 (PDF)
Exhibit B Proposed Scope of Work (DOCX)
Exhibit C Norton Elementary Project map (PDF)
Updated: 9/14/2016 by Georgeann "Gigi" Hanna B Packet Pg. 209
5.Ka
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RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT
3 BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO CITY
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4 UNIFIED SCHOOL DISTRICT
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5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF o
SAN BERNARDINO AS FOLLOWS:
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7 SECTION 1. That the City Manager of the City of San Bernardino is hereby authorized to
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8 execute a Lease Agreement between the City of San Bernardino and the San Bernardino City
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9 Unified School District, attached hereto as Exhibit "A" and incorporated by reference herein as if =
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fully set forth.
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12 SECTION 2. This authorization shall expire and be deemed void and of no further effect if the n
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13 Agreement is not executed by both parties and returned to the Office of the City Clerk within
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14 sixty(60) days following the effective date of this resolution. 0)
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT
2 BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO CITY
3 UNIFIED SCHOOL DISTRICT
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and v,
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5 Common Council of the City of San Bernardino at a meeting thereof, held on the
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day of August 2016, by the following vote, to wit:
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8 Council Members: AYES NAYS ABSTAIN ABSENT T
9 MARQUEZ v
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10 BARRIOS
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VALDIVIA
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14 NICKEL
15 RICHARD
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18 Georgeann Hanna, City Clerk
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The foregoing Resolution is hereby approved this day of August 2016.
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22 R. Carey Davis, Mayor
City of San Bernardino
23 Approved as to form: 0
24 Gary D. Saenz, City Attorney
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LEASE AGREEMENT
CITY OF SAN BERNARDINO and [NAME OF LESSEE]
CITY: CITY OF SAN BERNARDINO
300 North "D" Street
San Bernardino, CA 92418
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LESSEE: San Bernardino City Unified School District cn
777 North Fourth Street a
San Bernardino, CA 92410 c
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ADDRESS: APN 0135-051-01 and APN 0135-051-18 v
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TERM OF LEASE: Three years with two one-year extension options.
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COMMENCEMENT: September 1, 2016
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LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND(ENTITY NAME]FOR
[ADDRESS OF PROPERTY]
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Packet Pg. 212
1. PARTIES.
This Lease AGREEMENT (the "AGREEMENT") is entered into this 1st day of September ,
2016,
BY AND BETWEEN
the City of San Bernardino, a Charter City organized under the laws of the State of
California, with an address of 300 N. "D" Street, San Bernardino, California (the °
"CITY"); 0
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San Bernardino City Unified School District, a school district, operating under the laws
of the State of California and having its principal place of business at 777 N. Fourth
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Street, San Bernardino, CA 92410 (the "LESSEE") (individually CITY or LESSEE may
be referred to as a "PARTY" and collectively CITY and LESSEE may be referred to as
the "PARTIES")
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WHO AGREE AS FOLLOWS: Cn
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2. PREMISES LEASED.
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CITY leases exclusively to LESSEE and LESSEE leases from CITY a portion of Seccombe Park Q
as marked in Exhibit C, attached hereto and incorporated by this reference as though fully set N
forth herein,real property, ("PREMISES").
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3. TERM.
The AGREEMENT's initial term ("INITIAL TERM") shall commence on September 1, 2016 to
("COMMENCEMENT DATE") and end on June 30, 2019 ("ENDING DATE").
4. RENT.
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The parties agree the premises shall be leased for no charge.
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5. OPTION TO EXTEND TERM.
CITY gives to LESSEE the option to extend the term of the LEASE on the same provisions and
conditions, for TWO one-year periods ("EXTENDED TERMS") following expiration of the
LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND [ENTITY NAME] FOR
[ADDRESS OF PROPERTY]
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INITIAL TERM, by LESSEE giving notice of its intention to exercise the option to CITY prior
to the expiration of the preceding term or during any holding over pursuant to SECTION 7,
HOLDING OVER, and upon written authorization of the City Manager. The rent for each
extended term shall be adjusted by good faith negotiations of the PARTIES to the fair market
rental rate then prevailing based on the rental rates of comparable leased property in the City of
San Bernardino.
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6. RETURN OF PREMISES. N
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The LESSEE agrees that it will, upon termination of this AGREEMENT, return the PREMISES
in as good condition and repair as the PREMISES now are or shall hereafter be put; reasonable in
wear and tear excepted. At the CITY's sole option, it may accept the PREMISES in any other
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7. HOLDING OVER. U
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In the event the LESSEE shall hold over and continue to occupy the PREMISES with the
consent of the CITY, whose consent shall only be given in writing and in the sole discretion of m
CITY, the tenancy shall be deemed to be a tenancy from month-to-month upon the same terms M
and conditions, including rent, as existed and prevailed at the time of the expiration of the term Cn
of this AGREEMENT. 3
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S. TAXES. E
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CITY shall pay all real property taxes, and general and special assessments levied and assessed N
against the PREMISES.
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9. USE.
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LESSEE shall occupy and use the PREMISES during the term hereof exclusively for the
"Seccombe Lake Park 92401"project, as more fully described in Exhibit B, attached hereto and E
incorporated by this reference as though fully set forth herein.
10. HEALTH, SAFETY, AND FIRE CODE REQUIREMENTS.
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LESSEE shall, at its sole expense, ensure that the PREMISES meets the applicable requirements t
of all Health, Safety, Fire and Building Codes, statutes, regulations and ordinances for public and
governmental buildings including any requirements for a notice of completion, certificate of
occupancy, or California Title 24 requirements and ensure that the PREMISES meets the
applicable requirements of the Americans with Disabilities Act("ADA").
LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND [ENTITY NAME] FOR
[ADDRESS OF PROPERTY]
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11. SIGNS.
LESSEE may display from windows and/or marquee of the PREMISES only such sign or signs
as are not prohibited by law.
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12. MAINTENANCE.
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121 LESSEE shall, at its sole expense, perform such inspections, maintenance and 0
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repairs are necessary to ensure that all portions of the PREMISES, including but n
not limited to the following, are at all times in good repair and safe condition:
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12.1.1 The structural parts of any building and other improvements that are a part
of the PREMISES, which structural parts include the foundations, bearing o
and exterior walls (including glass and doors), subflooring, and roof; and,
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12.1.2 The electrical, plumbing, and sewage systems, excepting those portions of m
the systems owned or controlled by CITY lying outside the PREMISES;
and,
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12.1.3 The grounds, including all parking areas and outside lighting, grass, trees,
shrubbery and other flora on the PREMISES; and,
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12.1.4 Janitorial services, including keeping the PREMISES in a clean and y
orderly condition, reasonable wear and tear excluded, and undertake minor J
maintenance of the interior PREMISES such as unstoppage of sprinklers,
weeding, and maintaining the vegetation.
12.2 LESSEE shall at regular intervals, but no less than monthly, conduct an inspection
of the PREMISES to determine if any maintenance or repair is necessary. If E
LESSEE discovers a condition requiring maintenance or repair, LESSEE shall use
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its best efforts to diligently commence the performance of its maintenance or
repair obligations within a reasonable time. E
13. ALTERATIONS. Q
Upon thirty (30) days' notice to the CITY and with the CITY's consent, which shall be given in
i writing at the sole discretion of CITY, LESSEE may improve the PREMISES as required,
including design, construction, and installation. All costs associated therewith shall be borne
LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND[ENTITY NAME]FOR
[ADDRESS OF PROPERTY]
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solely at the expense of LESSEE. Any and all permit acquisition and installation of utility lines
are the sole responsibility of the LESSEE. Upon termination of this AGREEMENT, LESSEE
shall remove said alterations at its own expense and leave the PREMISES in the same condition
it was at the time such alterations were placed there, unless the PARTIES mutually agree in
writing otherwise at least thirty (30) days' prior to termination of this AGREEMENT.
14. FIXTURES.
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LESSEE shall have the right during the term(s) of this AGREEMENT to install shelving and °
fixtures, and make interior, non-structural improvements or alterations on the PREMISES. Such 0
shelving, fixtures, improvements, and alterations shall remain property of the LESSEE and may cn
be removed by the LESSEE during the term(s) of this AGREEMENT or within a reasonable w
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time thereafter, provided that the LESSEE restores the PREMISES to the condition as it existed E
at the commencement of this AGREEMENT, reasonable wear and tear excluded, or the LESSEE
may elect, with CITY's written consent to be given at CITY's sole discretion, to surrender all or a
any part of such shelving, fixture, improvements and alterations, to the CITY, in which case
LESSEE shall have no duty to restore the PREMISES.
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15. UTILITIES.
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CITY shall provide LESSEE access to all necessary utility connection points and shall pay all 3
service charges and related taxes for water and electricity to sustain the project for the duration
of the AGREEMENT while LESSEE shall pay all service charges and related taxes for all other
utilities. a�
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16. HOLD HARMLESS.
LESSEE agrees to and shall indemnify and hold the CITY, its elected officials, employees,
agents, or representatives, free and harmless from all claims, actions, damages and liabilities of
any kind and nature arising from bodily injury, including death, or property damage, based or
asserted upon any actual or alleged act or omission of LESSEE, its employees, agents, or
subcontractors, arising, relating to, or in any way connected with the performance under this
AGREEMENT, unless the bodily injury or property damage was actually caused by the sole
negligence of the CITY, its elected officials, employees, agents or representatives. As part of the E
foregoing indemnity, LESSEE agrees to protect and defend at its own expense, including U
I attorney's fees, the CITY, its elected officials,employees, agents or representatives from any and Q
all legal actions based upon such actual or alleged acts or omissions. LESSEE hereby waives
any and all rights to any types of express or implied indemnity against the CITY, its elected
officials, employees, agents or representatives, with respect to third party claims against the
LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND 1ENTITY NAME] FOR
[ADDRESS OF PROPERTY]
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LESSEE relating to or in any way connected with the accomplishment of the work or
performance of services under this AGREEMENT.
17. INSURANCE.
17.1 CITY is a self-insured public entity for the purposes of professional liability,
general liability, and workers' compensation. U
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17.2 LESSEE shall obtain and maintain during the life of this AGREEMENT all of the o
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following insurance coverage: o
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17.2.1 Comprehensive general liability, including premises-operations, 2
products/completed operations, broad form property damage, blanket C
contractual liability, personal injury with a policy limit of not less than
One Million Dollars ($1,000,000.00), combined singles limits, per o
occurrence and aggregate.
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17.2.2 Worker's compensation insurance as required by the State of California. m
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17.3 The comprehensive general liability insurance policy shall contain or be endorsed
to contain the following provisions: 3
17.3.1 Additional insureds: "The City of San Bernardino and its elected and
appointed boards, officers, agents, and employees are additional insureds
with respect to this subject project and contract with City." N
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17.3.2 Notice: "Said policy shall not terminate, nor shall it be cancelled, nor the J
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coverage reduced, until thirty (30) days after written notice is given to
City."
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17.3.3 Other insurance: "Any other insurance maintained by the City of San
Bernardino shall be excess and not contributing with the insurance
provided by this policy."
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17.4 LESSEE shall provide to CITY certificates of insurance showing the insurance
coverages and required endorsements described above, in a form and content Q
approved by CITY, prior to performing any services under this AGREEMENT.
17.5 Nothing in this Section shall be construed as limiting in any way, the
indemnification provision contained within this AGREEMENT, or the extent to
LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND [.ENTITY NAME] FOR
[ADDRESS OF PROPERTY]
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which LESSEE may be held responsible for payments of damages to persons or
property.
18. DESTRUCTION OF PREMISES.
18.1 During the term(s) of this AGREEMENT, if any casualty renders a portion of the
PREMISES unusable for the purpose intended, then LESSEE shall, at LESSEE's
sole expense, restore the PREMISES and repair any damages caused by such
casualty as soon as reasonable possible and this AGREEMENT shall continue in °
full force and effect. o
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18.2 In the event there is a destruction of a portion of the PREMISES as set out in w
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Subsection 18.1 above, there shall be an abatement or reduction in the rent
between the date of the destruction and the date of completion of the restoration
or the date of the termination of the AGREEMENT, whichever comes first. v
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18.3 In the event the LESSEE is required to restore PREMISES as provided in
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Subsection 18.1 above, LESSEE shall not be required to restore any structure or m
exterior improvements or alterations made to the PREMISES by LESSEE a
pursuant to Section 13, Alterations above or any shelving, fixtures, or interior
N00111 nonstructural improvements or alterations made by LESSEE pursuant to Section 3
14, Fixtures above. c
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18.4 It is the purpose and intent of Subsections 18.1 through 18.4, inclusive, to Q
determine what PARTY shall bear the initial responsibility for restoration of the N
PREMISES in the event of any such destruction and not to determine the PARTY J
ultimately responsible for the costs of such restoration.
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19. DEFAULT.
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Except where another time limit is specifically provided, either PARTY shall be in default of this E
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AGREEMENT if the PARTY fails or refuses to perform any material provisions of this
AGREEMENT and such failure or refusal to perform is not cured within thirty (30) days
i following the PARTY's receipt of written notice of default from the other PARTY. If the default
cannot be reasonably cured within thirty (30) days, the PARTY shall not be in default of this U
AGREEMENT if the PARTY commences to cure the default within the thirty (30) day period
and diligently and in good faith continues to cure the default.
LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND [ENTITY NAMEI FOR
[ADDRESS OF PROPERTYI
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20. REMEDIES ON DEFAULT.
Either PARTY, at any time after the other PARTY is in default, can terminate this
AGREEMENT immediately upon written notice to the other PARTY.
21. LESSEE'S DEFAULT.
In addition to Section 19 above, the occurrence of any one or more of the following events shall
constitute an immediate default and breach of this AGREEMENT by LESSEE: °
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21.1 The vacating or abandonment of the PREMISES by LESSEE, cn
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21.2 The failure of LESSEE to pay of rent.
21.3 It is not the purpose of this section to extend the notice requirements of the o
unlawful detainer statutes in California.
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22. CITY'S REMEDIES ON LESSEE'S DEFAULT. m
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It is not the purpose of this section to extend the notice requirements of the unlawful detainer s
statutes in California. The remedies contained herein are in addition to, and not in lieu of, any 3
other remedies available to CITY under relevant state law. In the event of any default by
LESSEE, which is not cured by LESSEE, CITY may, at its election, terminate this
AGREEMENT immediately. Q
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23. CITY'S ACCESS TO PREMISES. J
CITY and its authorized representatives shall have the right to enter the PREMISES at all
reasonable times for any of the following conditions:
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23.1 To determine whether the PREMISES are in good condition; and, E
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23.2 To do any necessary maintenance and to make any restoration to the PREMISES
that CITY has the right or obligation to perform; and, E
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23.3 To serve, post, or keep posted any notices required by law; and, Q
23.4 To post "for sale" signs at any time turning the term, to post "for rent" or "for
lease" signs during the last three (3)months of the term; and,
LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND[ENTITY NAME]FOR
[ADDRESS OF PROPERTY]
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23.5 To show the PREMISES to prospective brokers, agents, buyers, tenants, lenders
or persons interested in an exchange, at any time during the term; and,
23.6 For any other lawful purpose.
CITY shall conduct its activities on the PREMISES as allowed in this section in a manner that
will reduce possible inconvenience, annoyance, or disturbance to LESSEE.
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24. NOTICES.
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Any notices, documents, correspondence, or other communication concerning this N
AGREEMENT or the services provided hereunder may be provided by personal delivery or U.S. a
Mail. If personally delivered the notice shall be deemed delivered at the time of the personal
delivery. If sent by U.S. Mail the notice shall be deemed delivered forty-eight (48) hours after
deposit in the U.S. Mail as reflected by the official U.S. postmark.
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TO THE CITY: TO THE LESSEE: M
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Jim Tickemyer Deborah Love
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Parks and Recreation Department Dir. of Purchasing Business Service Dept.
201 N. E Street, 3rd Floor Suite 301 San Bernardino City Unified School District 3
San Bernardino, California 92401 777 N. Fourth Street
San Bernardino, California 92410
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Either PARTY may change the address for delivery of notices by sending notice of the change to N
the other PARTY in conformity with this Section. J
25. ASSIGNMENT.
LESSEE shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or
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any part of the LESSEE's interest in this AGREEMENT without CITY's prior written consent. E
Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute
a breach of this AGREEMENT and cause for the termination of this AGREEMENT. Regardless
of CITY's consent, no subletting or assignment shall release LESSEE of LESSEE's obligation to E
perform all other obligations to be performed by LESSEE hereunder for the term of this R
AGREEMENT. Q
LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND [ENTITY NAMEI FOR
[ADDRESS OF PROPERTY]
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26. ENTIRE AGREEMENT.
This AGREEMENT constitutes the entire agreement and the understanding between the
PARTIES, and supersedes any prior agreements and understandings relating to the subject matter
of this AGREEMENT.
27. REMEDIES; WAIVER.
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All remedies available to either PARTY for one or more breaches by the other PARTY are and
shall be deemed cumulative and may be exercised separately or concurrently without waiver of X00
any other remedies. rn
The delay or failure of either PARTY to require performance or compliance of the other of any
of its obligations under this AGREEMENT shall in no way be deemed a waiver of those rights to
require such performance or compliance. No waiver of any provision of this AGREEMENT shall
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be effective unless made in writing and signed by a duly authorized representative of the PARTY
against whom it is sought. The waiver of any right or remedy with respect to any occurrence or
event shall not be deemed a waiver of such right or remedy with respect to any future m
occurrences or events and shall not be deemed a continuing waiver.
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28. AMENDMENT. 3
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No amendment to this AGREEMENT will be effective unless it is in writing and signed by both
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PARTIES.
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29. SUCCESSORS AND ASSIGNS. J
This AGREEMENT shall be binding on and inure to the benefit of the PARTIES to this
AGREEMENT and their respective heirs, representatives, successors, and assigns.
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30. SEVERABILITY. E
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If any provision of this AGREEMENT is determined by a court of competent jurisdiction to be
invalid or unenforceable for any reason, such determination shall not affect the validity or E
enforceability of the remaining terms and provisions hereof or of the offending provision in any R
other circumstance, and the remaining provisions of this AGREEMENT shall remain in full
force and effect.
LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND [ENTITY NAME]FOR
[ADDRESS OF PROPERTY]
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31. TIME OF ESSENCE.
Time is of the essence of each provision of this AGREEMENT which specifies a time within
which performance is to occur. In the absence of any specific time for performance, performance
may be made within a reasonable time.
32. QUIET ENJOYMENT.
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Subject to the provisions of this AGREEMENT and conditioned upon performance of all the °
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provisions to be performed by LESSEE hereunder, CITY shall secure to LESSEE during the
AGREEMENT term the quiet and peaceful possession of the PREMISES and all rights and rn
privileges appertaining thereto. a
33. PROVISIONS ARE COVENANTS AND CONDITIONS.
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All provisions, whether covenants or conditions, on the part of either PARTY shall be deemed
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both covenants and conditions.
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34. CONSENT.
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Whenever consent or approval of either PARTY is required that PARTY shall not unreasonably 3
withhold, condition, or delay such consent or approval, unless the provision providing for such
consent or approval specifically provides such consent or approval may be given in the
PARTY's discretion. Q
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35. EXHIBITS. a
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All exhibits referred to are attached to this AGREEMENT and incorporated by reference.
36. LAW.
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This AGREEMENT shall be governed and construed under the laws of the State of California
without giving effect to that body of laws pertaining to conflict of laws.
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37. VENUE.
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The parties hereto agree that all actions or proceedings arising in connection with this
AGREEMENT shall be tried and litigated either in the Superior Court of the State of California
for the County of San Bernardino. The aforementioned choice of venue is intended by the parties
to be mandatory and not permissive in nature.
LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND[ENTITY NAME] FOR
[ADDRESS OF PROPERTY].
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38. ATTORNEY'S FEES AND COSTS.
In the event that litigation is brought by any PARTY in connection with this AGREEMENT, the
prevailing party shall be entitled to recover from the opposing party all costs and expenses,
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its
rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions
hereof. The costs, salary and expenses of the City Attorney and members of his/her office in
enforcing this AGREEMENT on behalf of the CITY shall be considered as "attorneys' fees" for N
the purposes of this section. °
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41. RIGHT TO TERMINATE. in
This AGREEMENT may be terminated at any time by thirty (30) days written notice by either
PARTY.
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42. HEADINGS.
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The subject headings of the sections of this AGREEMENT are included for the purposes of 0 co
convenience only and shall not affect the construction or the interpretation of any of its
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provisions. M
43. SURVIVAL. a
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The obligations of the PARTIES that, by their nature, continue beyond the term of the
AGREEMENT,will survive the termination of the AGREEMENT. y
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44. ESTOPPEL CERTIFICATE.
Each PARTY within thirty (30) days after notice from the other PARTY shall execute and
deliver to the other PARTY, in recordable form, a certificate stating that this AGREEMENT is
unmodified and in full force and effect, or in full force and effect as modified, and stating the
modifications. The certificate also shall state the amount of minimum monthly rent, the dates to
which the rent has been paid in advance, the amount of any security deposit or prepaid rent, and
that there are no uncured defaults or specifying in reasonable detail the nature of any uncured E
default claimed. Failure to deliver this certificate within thirty(30) days shall be conclusive upon R
the PARTY requesting the certificate any successor to the PARTY requesting the certificate,that Q
this AGREEMENT is in full force and effect and has not been modified except as may be
represented by the PARTY requesting the certificate, and that there are no uncured defaults on
the part of the PARTY requesting the certificate.
LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND [ENTITY NAME] FOR
[ADDRESS OF PROPERTY]
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45. PUBLIC RECORDS DISCLOSURE.
All information received by CITY concerning this AGREEMENT, including the AGREEMENT
itself, may be treated as public information subject to disclosure under the provisions of the
California Public Records Act, Government Code Section 6250 et seq. (the "Public Records
Act"). The PARTIES understand that although all materials received in connection with this
AGREEMENT are intended for the exclusive use of the PARTIES, they are potentially subject
to disclosure under the provisions of the Public Records Act.
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46. CONDITION OF PREMISES. _
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The CITY makes no warranty as to the condition of the PREMISES on COMMENCEMENT
DATE or the PREMISES' suitability for a particular use. LESSEE agrees that it has not relied j
upon any representation by CITY as to the condition of the PREMISES or the PREMISES' a
suitability for a particular use when determining whether to enter into this AGREEMENT. o
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47. CONDEMNATION. c
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If any legally, constituted authority condemns the PREMISES or such part thereof which shall
make the PREMISES unsuitable for leasing, this AGREEMENT shall cease when the public
authority takes possession, and CITY and LESSEE shall account for rental as of that date. Such 3
termination shall be without prejudice to the rights of either PARTY to recover compensation
from the condemning authority for any loss or damage caused by the condemnation. Neither 0
PARTY shall have any rights in or to any award made to the other by the condemning authority.
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48. MATERIAL REPRESENTATION.
If during the course of the administration of this AGREEMENT, a PARTY determines that the
other PARTY has made a material misstatement or misrepresentation or that materially
inaccurate information has been provided to the PARTY, this AGREEMENT may be
immediately terminated. If this AGREEMENT is terminated according to this section, the E
terminating PARTY is entitled to pursue any available legal remedies.
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49. INTERPRETATIONS. E
The PARTIES have participated jointly in the negotiation and drafting of this AGREEMENT. In d
the event an ambiguity or question of intent or interpretation arises with respect to this
AGREEMENT, this AGREEMENT shall be construed as if drafted jointly by the PARTIES and
in accordance with its fair meaning. There shall be no presumption or burden of proof favoring
or disfavoring any Party by virtue of authorship of any of the provisions of this AGREEMENT.
LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND [ENTITY NAME]FOR
[ADDRESS OF PROPERTY]
Page 13 of 15
Packet Pg.224
50. COUNTERPARTS.
This AGREEMENT may be executed in counterparts, each of which shall be deemed to be an
original, but all of which, taken together, shall constitute one and the same agreement. In the
event that any signature is delivered by facsimile transmission or by e-mail delivery of a ".pdf'
format data file, such signature shall create a valid and binding obligation of the PARTY
executing (or on whose behalf such signature is execute) with the same force and effect as if
such facsimile or".pdf' signature page were an original thereof. °
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51. CORPORATE AUTHORITY. cn
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Each person executing this AGREEMENT on behalf of the PARTIES hereto warrant that they
are duly authorized to execute this AGREEMENT on behalf of said PARTIES and that by doing
so, the PARTIES hereto are formally bound to the provisions of this AGREEMENT. 0
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52. ORDER OF PRECEDENCE.
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In the event of any inconsistency or conflict in this AGREEMENT and any of the attached o
Exhibits or Attachments,the terms set forth in this AGREEMENT shall prevail. s
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53. FORCE MAJEURE.
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A PARTY shall not be liable for any failure or delay in the performance of this AGREEMENT Q
for the period that such failure or delay is due to causes beyond its reasonable control, including N
but not limited to acts of God, war, strikes or labor disputes, embargoes, governmental orders or J
any other force majeure event.
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54. COMPLIANCE WITH LAW.
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LESSEE agrees to abide by all federal, state, and local laws, ordinances and regulations. E
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55. NON-DISCRIMINATION.
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In the performance of this AGREEMENT, use of the PREMISES, and in the hiring and
Irecruitment of employees, LESSEE shall not engage in, nor permit its officers, employees or Q
agents to engage in, discrimination in employment of persons because of their race, religion,
color, national origin, ancestry, age, mental or physical disability, medical condition, marital
status, sexual gender or sexual orientation, or any other status protected by law.
ILLEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ENTITY NAME]] FOR
[ADDRESS OF PROPERTY]
Page 14 of 15
Packet Pg. 225
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LEASE AGREEMENT
CITY OF SAN BERNARDINO and [NAME OF LESSEE]
CITY OF SAN BERNARDINO: LESSEE:
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City Manager Deborah Love °
Dir. of Purchasing Business Service Dept, 0
San Bernardino City Unified School Dist.
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DATE: DATE:
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APPROVED AS TO FORM:
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GARY D. SAENZ, City Attorney
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LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND [ENTITY NAME] FOR
]ADDRESS OF PROPERTY]
Page 15 of 15
Packet Pg.226
Transforming Seccombe Lake Park
A community engagement initiative at the Captain Leland Norton Elementary is serving as the catalyst
for a complete redesign of Seccombe Lake Park and the eventual transformation of surrounding areas.
This past year,curriculum development in areas of aquaponics, hydroponics, and the environment were
catalysts for the planning of an outdoor classroom located across the street from the school. The area p
designated by the City of San Bernardino will become a community garden and as Gateway College o
continues development of their own community garden adjacent to their new facility,the opportunity
for collaborative knowledge and resource sharing will occur.
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Seccombe Lade Comtnunty Park
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Neal- id Context I C.s}e --ty E g g--t I C.11ab—b—with subj—t E.p-ts STELA Rmm j—Emironmenu
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To date, conversations have occurred, partnerships formed, and proposals submitted for funding from:
• Kresge Foundation—Rebecca Hoggarth from Community Action Partnership of SB 0
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• ArtPlace America—Danielle Wallis,Arts Connection a
• Aetna Foundation—Rebecca Hoggarth, Community Action Partnership o
• Incredible Edibles—Elizabeth Cochrane—Benoit, Captain Leland Norton Elementary School a
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• Outdoor Classroom -San Bernardino City Unified School District- Innovation grant funding a.
• KaBOOM! Playground Equipment—City of San Bernardino m
1 • CDBG for fences—City of San Bernardino
• Cameras & Park Ranger for Security—City of San Bernardino x
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The planning and conversation continues for parallel development of the community garden area with
Gateway College and a NEA funding opportunity is imminent with the Arts Connection. Further, as the Q1
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Norton Elementary School District develops its outdoor classroom,the recruitment of National
Corporate Sponsors will occur with the assistance of Global Trade and Technology, a national 501(c)(3)
nonprofit, as part of the School District's commitment to a National Demonstration for Science, Q
1 'k, Technology, Engineering, & Math (STEM) Learning.
Packet Pg.227
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